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1980 Supreme(Gau) 19

N.I.SINGH, K.LAHIRI
KUTHU GOALA – Appellant
Versus
STATE OF ASSAM – Respondent


JUDGEMENT

N. Ibotombi Singh, J.:- This appeal is preferred by the accused Kuthu Goala alias Bistha Goala, who is convicted under Section 302, Penal Code, for offence of murder of one Lakhinath Karmakar and sentenced to undergo rigorous imprisonment for life.

2-3. The facts of the case giving rise to this appeal may be briefly stated as under :-

On 5-10-74, the Officer-in-Charge of the Bordubi Police Station received a telephonic message from Dibrugarh Police Station that one man appeared at Dibrugarh Police Station with a severed human head. He made entry of the message in the General Diary, Ext. 6 after which he came to the Dibrugarh Police Station and took charge of the accused Kuthu Goala and the severed human head. He also seized a bag by which the severed head was alleged to have been taken by the accused to the Police Station. Thereafter, he proceeded to the Keyhong Tea Estate as led by the accused where he found a dead body with its head severed. He held inquest on the dead body by framing the severed head with the dead body and seized a cycle found near the dead body. On his return to the Police Station, he lodged a report, Ext. 9, stating that the accused attacked and killed












































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